Eighth Circuit Court of Appeals

SD Department of Corrections

Convicted murderer Charles Rhines has lost another attempt to have his death penalty overturned, this time at the Eighth Circuit Court of Appeals. Now his options are dwindling, but they have not yet run out. South Dakota Attorney General Marty Jackley says the Eighth Circuit's ruling can be challenged in a couple of ways.

SDPB's Victoria Wicks has this story.

SD Department of Corrections

Annie Mae Aquash was found dead on the Pine Ridge Reservation in February 1976, killed by a bullet to the back of her head, but no one was charged with the crime for almost 30 years. Then two defendants were tried and convicted.

One of them, John Graham, has lost another appeal.

Graham was extradited from Canada in 2007 after he was implicated by his codefendant.

The Eighth Circuit Court of Appeals is now deliberating the federal lawsuit alleging unlawful handling of emergency hearings in Pennington County. Three appellate judges heard oral arguments in St. Paul on Tuesday, Feb. 13.

Two tribes, along with Native parents, filed suit almost five years ago against the Seventh Circuit Court, the Pennington County State's Attorney, and the state Department of Social Services. They say officials in these agencies violate the Indian Child Welfare Act, as well as due process protections under the Fourteenth Amendment.

Five years ago tribes and parents sued state and county officials in Pennington County for violating the Indian Child Welfare Act, or ICWA. On Tuesday, Feb. 13, the Eighth Circuit Court of Appeals heard arguments from those officials' lawyers, who say their clients should not have been sued because they didn't create the questioned policies. The officials are appealing a federal judge's decision that forced changes in the way emergency hearings are held in child custody cases. SDPB's Victoria Wicks has this report.

SD Department of Corrections

An inmate on death row for nearly 25 years has argued to the Eighth Circuit Court of Appeals that his lawyers did not adequately represent him.

Charles Russell Rhines says his lawyers should have given the jury more information about his mental health issues at his trial in 1993. He says if they had, the jury might not have sentenced him to die.